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Constitution 


OF THE 


State of Tennessee 


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GREAT SEAL OF THE STATE 



ERNEST N. HASTON 

Secretary of State 


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CONSTITUTION OF THE STATE OF TENNESSEE 

ADOPTED IN CONVENTION AT NASHVILLE 
FEBRUARY 23, A. D. 1870 

[This copy of the Constitution of 1870 is printed in the very lang¬ 
uage of the engrossed instrument adopted and signed by the convention 
delegates, word for word and letter for letter, punctuation and spell¬ 
ing, whether correct or not; with the exception of the added words in 
brackets, inserted as explanatory of the words used, cr as intended for 
the words used, or to show difference in previous constitutions; and 
with the exception of the bold-faced index line at the beginning of 
each section.] 


PREAMBLE AND DECLARATION OF RIGHTS 

WHEREAS, the people of the territory of the United States south of 
the river Ohio, having the right of admission into the general 
government as a member state thereof, consistent with the con¬ 
stitution of the United States, and the act of cession of the State 
of North Carolina, recognizing the ordinance for the government 
of the territory of the United States northwest of the Ohio river, 
by their delegates and representatives in convention assembled, 
did on the sixth day of February, in the year of our Lord one 
thousand seven hundred and ninety-six, ordain and establish a 
constitution, or form of government, and mutually agreed with 
each other to form themselves into a free and independent state 
by the name of the State of Tennessee, and, 

WHEREAS, the general assembly of the said State of Tennessee, 
(pursuant to the third section of the tenth article of the constitu¬ 
tion, by an act [Acts 1833, ch. 76] passed on the twenty-seventh 
day of November, in the year of our Lord one thousand eight 
hundred and thirty-three, entitled “An Act to provide for the call¬ 
ing of a convention,” passed in obedience to the declared will of 
the voters of the state, as expressed at the general election of 
August, in the year of our Lord one thousand eight hundred and 
thirty-three, did authorize and provide for the election by the 
people of delegates and representatives, to meet at Nashville, in 
Davidson county, on the third Monday in May, in the year of 
our Lord one thousand eight hundred and thirty-four, for the pur¬ 
pose of revising and amending, or changing, the constitution, 
and said convention did accordingly meet and form a constitu¬ 
tion, which was submitted to the people, and was ratified by them, 
on the first Friday in March, in the year of our Lord one thousand 
eight hundred and thirty-five, and, 


2 


Constitution of the State of Tennessee 


WHEREAS, the general assembly of said State of Tennessee, under 
and in virtue of the first section of the first article of the Declara¬ 
tion of Rights, contained in and forming a part of the existing 
constitution of the state, by an act [Acts 1869-70, ch. 105] passed 
on the fifteenth day of November, in the year of our Lord one 
thousand eight hundred and sixty-nine, did provide for the calling 
of a convention by the people of the state, to meet at Nashville, 
on the second Monday in January, in the year of our Lord one 
thousand eight hundred and seventy, and for the election of 
delegates for the purpose of amending or revising the present 
constitution, or forming and making a new constitution; and, 
WHEREAS, the people of the state, in the mode provided by said 
act, have called said convention, and elected delegates to represent 
them therein; now, therefore, we, the delegates and representa¬ 
tives of the people of the State of Tennessee, duly elected, and in 
convention assembled, in pursuance of said act of assembly, have 
ordained and established the following constitution and form 
of government for this state, which we recommend to the people 
of Tennessee for their ratification: that it to say— 

ARTICLE I 
Declaration of Rights 

Section i. All power inherent in the people; government under 
their control. —That all power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
peace, safety, and happiness; for the advancement of those ends they 
have at all times, an unalienable and indefeasible right to alter, reform, 
or abolish the government in such manner as they may think proper. 

Sec. 2. Doctrine of nonresistance condemned. —That government 
being instituted for the common benefit, the doctrine of nonresistance 
against arbitrary power and oppression is absurd, slavish, and de¬ 
structive of [“to” in Constitution of 1796] the good and happiness of 
mankind. 

Sec. 3. Right of worship free. —That all men have a natural and 
indefeasible right to worship Almighty God according to the dictates 
of their own conscience; that no man can of right, be compelled to 
attend, erect, or support any place of worship, or to maintain any 
minister against his consent; that no human authority can, in any case 
whatever, control or interfere with the rights of conscience; and that 
no preference shall ever be given, by law, to any religious establish¬ 
ment or mode [“establishments or modes” in Constitution of 1796] of 
worship. 

Sec. 4. No religious or political test. —That no political or religious 
test, other than an oath to support the constitution of the United States 



Constitution of the State of Tennessee 


3 


and of this state, shall ever be required as a qualification to any office 
or public trust under this state. 

Sec. 5. Elections to be free and equal; right of suffrage declared. 
—That elections shall be free and equal, and the right of suffrage, 
as hereinafter declared, shall never be denied to any person entitled 
thereto, except upon a conviction by a jury of some infamous crime, 
previously ascertained and declared by law, and judgment thereon by 
court of competent jurisdiction. 

Sec. 6. Trial by fury. — That the right of trial by jury shall remain 
inviolate, and no religious or political test shall ever be required as a 
qualification for jurors. 

Sec. 7. People to be free from searches, seizures, and general war¬ 
rants. —That the people shall be secure in their persons, houses, papers 
and possessions, from unreasonable searches and seizures; and that 
general warrants, whereby an officer may be commanded to search 
suspected places, without evidence of the fact committed, or to seize 
any person or persons not named, whose offenses are not particularly 
described and supported by evidence, are dangerous to liberty, and 
ought not to be granted. 

Sec. 8. No man to be disturbed but by law. —That no man shall 
be taken or imprisoned, or disseized of his freehold, liberties or privi¬ 
leges, or outlawed, or exiled, or in any manner destroyed or deprived 
of his life, liberty or property, but by the judgment of his peers or 
the law of the land. 

Sec. 9. Right of the accused in criminal prosecutions. — That in all 
criminal prosecutions, the accused hath the right to be heard by him¬ 
self and his counsel; to demand the nature and cause of the accusa¬ 
tion against him, and to have a copy thereof, to meet the witnesses 
face to face, to have compulsory process for obtaining witnesses in his 
favor, and in prosecutions by indictment or presentment, a speedy pub¬ 
lic trial, by an impartial jury of the county in which the crime shall 
have been committed, and shall not be compelled to give evidence 
against himself. 

Sec. 10. Not to be twice put in jeopardy. —That no person shall, 
for the same offense, be twice put in jeopardy of life or limb. 

Sec. 11. No ex post facto laws. —That laws made for the punish¬ 
ment of acts [“facts” in Constitutions of 1796 and 1834] committed 
previous to the existence of such laws, and by them only declared 
criminal, are contrary to the principles of a free government; where¬ 
fore no ex post facto law shall be made. 

Sec. 12. No corruption of blood or forfeiture of estates; no deo- 
dands. —That no conviction shall work corruption of blood or for- 



4 


Constitution of the State of Tennessee 


feiture of estate. The estate of such persons as shall destroy their own 
lives shall descend or vest as in case of natural death. If any person be 
killed by casualty, there shall be no forfeiture in consequence thereof. 

Sec. 13. No unnecessary rigor. — That no person arrested and [“or” 
in Constitution of 1796] confined in jail shall be treated with unneces¬ 
sary rigor. 

Sec. 14. Crimes punished by presentment, etc. —That no person 
[“That no freeman,” etc., in Constitutions of 1796 and 1834] shall be 
put to answer any criminal charge but by presentment, indictment or 
impeachment. 

Sec. 15. IVhat offenses bailable; privilege of habeas corpus. —That 
all prisoners shall be bailable by sufficient sureties, unless for capital 
offenses, when the proof is evident, or the presumption great. And 
the privilege of the writ of habeas corpus shall not be suspended, un¬ 
less when in case of rebellion or invasion, the general assembly shall 
declare the public safety requires it. 

Sec. 16. Excessive bail and fines, and cruel punishments. —That 
excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Sec. 17. Courts shall be open; redress of injuries; suits against 
the slate. —That all courts shall be open; and every man, for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
by due course of law, and right and justice administered without sale, 
denial or delay. Suits may be brought against the state in such man¬ 
ner and in such courts as the legislature may by law direct. 

Sec. 18. No imprisonment for debt. —The legislature shall pass no 
law authorizing imprisonment for debt in civil cases. 

Sec. 19. Printing presses free; freedom of speech, etc., secured .— 
That the printing presses shall be free to every person [“who under¬ 
takes” in Constitutions of 1796 and 1834] to examine the proceedings 
of the legislature; or of any branch or officer of the government, and 
no law shall ever be made to restrain the right thereof. 

The free communication of thoughts and opinions, is one of the 
invaluable rights of man, and every citizen may freely speak, write, 
and print on any subject, being responsible for the abuse of that 
liberty. But in prosecutions for the publication [“publications” in 
Constitution of 1796] of papers investigating the official conduct of 
officers, or men in public capacity, the truth thereof may be given in 
evidence; and in all indictments for libel [“libels” in Constitutions of 
1796 and 1834], the jury shall have the right to determine the law and 
the facts, under the direction of the court, as in other criminal [“crimi¬ 
nal” not in Constitution of 1796] cases. 





Constitution of the State of Tennessee 


5 


Sec. 20. No retrospective law, etc. —That no retrospective law, or 
law impairing the obligations of contracts, shall be made. 

Sec. 21. No man’s services or property taken without consent or 
compensation. —That no man’s particular services shall be demanded, 
or property taken, or applied to public use, without the consent of his 
representatives, or without just compensation being made therefor. 

Sec. 22. No perpetuities or monopolies. —That perpetuities and 
monopolis are contrary to the genius of a free state, and shall not be 
allowed. 

Sec. 23. People may assemble and instruct. —That the citizens have 
a right, in a peaceable manner, to assemble together for their common 
good, to instruct their representatives, and to apply to those invested 
with the powers of government for redress of grievances, or other 
proper purposes, by address or remonstrance. 

Sec. 24. Militia; military subordinate to civil authority. —That the 
sure and certain defense of a free people, is a well regulated militia; 
and, as standing armies in time of peace are dangerous to freedom, 
they ought to be avoided as far as the circumstances and safety of the 
community will admit; and that in all cases the military shall be kept 
in strict subordination to the civil authority. 

Sec. 25. Punishment under martial and military law. — That no 
citizen of [“in” in Constitution of 1796] this state, except such as are 
employed in the army of the United States, or militia in actual service, 
shall be subjected to [“corporeal” used here in Constitutions of 1796 
and 1834] punishment under the martial or military [“or military” 
not in Constitutions of 1796 and 1834] law. [The remainder of this 
section was not in the Constitutions of 1796 and 1834.] That martial 
law, in the sense of the unrestricted power of military officers, or 
others, to dispose of the persons, liberties or property of the citizen, is 
inconsistent with the principles of free government, and is not con¬ 
fided to any department of the government of this state. 

Sec. 26. Right to bear arms; legislature to regulate wearing of 
arms. —That the citizens [“freemen” in Constitution of 1796. and 
“free white men” in Constitution of 1834] °f this state have a right 
to keep and to bear arms for their common defense [the remainder of 
this section was not in the Constitutions of 1796 and 1834]; but the 
legislature shall have power, by law, to regulate the wearing of arms 
with a view to prevent crime. 

Sec. 27. Quartering soldiers. —That no soldier shall, in time of 
peace, be quartered in any house without the [“the” not in Constitution 
of 1796] consent of the owner; nor in time of w T ar, but in a manner 
prescribed by law. 





6 


Constitution of the State of Tennessee 


Sec. 28. No one compelled to bear arms. —That no citizen of this 
state shall be compelled to bear arms, provided he will pay an equiva¬ 
lent, to be ascertained by law. 

Sec. 29. Navigation of the Mississippi. —That an equal participa¬ 
tion in [“of” in Constitutions of 1796 and 1834] the free navigation 
of the Mississippi is one of the inherent rights of the citizens of this 
state; it cannot, therefore, be conceded to any prince, potentate, power, 
person or persons whatever. 

Sec. 30. No hereditary honors. —That no hereditary emoluments, 
privileges, or honors, shall ever be granted or conferred in this state. 

Sec. 31. Boundaries of the state. —That the limits and boundaries 
of this state be ascertained, it is declared they are as hereafter men¬ 
tioned, that is to say: Beginning on the extreme height of the Stone 
mountain, at the place where the line of Virginia intersects it, in lati¬ 
tude thirty-six degrees and thirty minutes north; running thence along 
the extreme height of the said mountain, to the place where Watauga 
river breaks through it; thence a direct course to the top of the Yellow 
mountain, where Bright’s road crosses the same; thence along the ridge 
of said mountain, between the waters of the [“the” not in Constitutions 
of 1796 and 1834] Doe river and the waters of Rock creek, to the place 
where the road crosses the Iron mountain; from thence along the ex¬ 
treme height of said mountain, to the place where Nolichucky river 
runs through the same; thence to the top of the Bald mountain; thence 
along the extreme height of said mountain to the Painted Rock, on 
French Broad river; thence along the highest ridge of said mountain, 
to the place where it is called the Great Iron or Smoky mountain; 
thence along the extreme height of said mountain to the place where 
it is called Unicoi or Unaka mountain, between the Indian towns of 
Cowee and Old Chota; thence along the main ridge of the said moun¬ 
tain to the southern boundary of this state, as described in the act of 
cession of North Carolina to the United States of America; and that 
all the territory, lands and waters lying west of said line, as before 
mentioned, and contained within the chartered limits of the State of 
North Carolina, are within the boundaries and limits of this state, over 
which the people have the right of exercising sovereignty, and the 
[“the” not in Constitution of 1796] right of soil, so far as is consistent 
with the constitution of the United States, recognizing the articles of 
confederation, the bill of rights and constitution of North Carolina, the 
cession act of the said state, and the ordinance of [“the late” in Con¬ 
stitution of 1796] congress for the government of the territory north¬ 
west of the Ohio; Provided, Nothing herein contained shall extend to 
affect the claim or claims of individuals to any part of the soil which 
is recognized to them by the aforesaid cession act [the remainder of 




Constitution of the State of Tennessee 


7 


this section is not in the Constitution of 1796] 5 And provided also, 
That the limits and jurisdiction of this state shall extend to any other 
land and territory now acquired, or that may hereafter be acquired, by 
compact or agreement with other states, or otherwise, although such 
land and territory are not included within the boundaries hereinbefore 
designated. 

Sec. 32. Prisons. —That the erection of safe and comfortable prisons, 
the inspection of prisons, and the humane treatment of prisoners, shall 
be provided for. 

Sec. 33. Slavery prohibited. —That slavery and involuntary servi¬ 
tude, except as a punishment for crime, whereof the party shall have 
been duly convicted, are forever prohibited in this state. 

Sec. 34. Right of property in man. —The general assembly shall 
make no law recognizing the right of property in man. 

ARTICLE II 
Distribution of Powers 

Section i. Division of powers. —The powers of the government 
shall be divided into three distinct departments: the legislative, execu¬ 
tive, and judicial. 

Sec. 2. No person to exercise powers of more than one department. 
—No person or persons belonging to one of these departments shall 
exercise any of the powers properly belonging to either of the others, 
except in the cases herein directed or permitted. 

Legislative Department 

Sec. 3. Legislative authority; term of office. —The regislative au¬ 
thority of this state shall be vested in a general assembly, which shall 
consist of a senate and house of representatives, both dependent on the 
people [the remainder of this section originated with this constitution] ; 
who shall hold their offices for two years from the day of the general 
election. [Constitution of 1796, art. i, sec. 1.] 

Sec. 4. Census. — An enumeration of the qualified voters, and an 
apportionment of the representatives in the general assembly, shall be 
made in the year one thousand eight hundred and seventy-one [“one 
thousand eight hundred and forty-one” in Constitution of 1834], and 
within every subsequent term of ten years. 

Sec. 5. Apportionment of representatives. —The number of repre¬ 
sentatives shall, at the several periods of making the enumeration, be 
apportioned among the several counties or districts, according to the 
number of qualified voters in each; and shall not exceed seventy-five, 
until the population of the state shall be one million and a half, and 
shall never [“thereafter” in Constitution of 1834] exceed ninety-nine; 






8 


Constitution of the State of Tennessee 


Provided, That any county having two-thirds of the ratio shall be 
entitled to one member. 

Sec. 6. Apportionment of senators .—The number of senators shall, 
at the several periods of making the enumeration, be apportioned 
among the several counties or districts according to the number of 
qualified electors in each, and shall not exceed one-third the number of 
representatives. In apportioning the senators among the different coun¬ 
ties, the fraction that may be lost by any county or counties, in the 
apportionment of members to the house of representatives, shall be 
made up to such county or counties in the senate, as near as may be 
practicable. When a district is composed of two or more counties, they 
shall be adjoining; and no county shall be divided in forming a 
district. 

Sec. 7. Time of elections .—The first election for senators and rep¬ 
resentatives shall be held on the second Tuesday in November, one 
thousand eight hundred and seventy; and forever thereafter, elections 
for members of the general assembly shall be held once in two years, 
on the first Tuesday after the first Monday in November. Said elec¬ 
tions shall terminate the same day. 

Sec. 8. When legislature to meet; when governor to he inaugu¬ 
rated .—The first session of the general assembly shall commence on 
the first Monday in October, one thousand eight hundred and seventy- 
one, at which time the term of service of the members shall commence, 
and expire on the first Tuesday of November, one thousand eight hun¬ 
dred and seventy-two; at which session the governor elected on the 
second Tuesday in November, one thousand eight hundred and seventy, 
shall be inaugurated; and, forever thereafter, the general assembly 
shall meet on the first Monday in January, next ensuing the election, 
at which session thereof the governor shall be inaugurated. 

Sec. 9. Qualifications of representatives .—No person shall be a 
representative unless he shall be a citizen of the United States, of the 
age of twenty-one years, and shall have been a citizen of this state 
for three years, and a resident in the county he represents one year, 
immediately preceding the election. 

Sec. 10. Of senators; inelgible to office. —No person shall be a 
senator unless he shall be a citizen of the United States, of the age 
of thirty years, and shall have resided three years in this state, and 
one year in the county or district, immediately preceding the election. 
No senator or representative shall, during the time for which he was 
elected, be eligible to any office or place of trust, the appointment to 
which is vested in the executive or the general assembly, except to the 
office of trustee of a literary institution. 



Constitution of the State of Tennessee 


9 


Sec. ii. Powers of each house; quorum; adjournments from day 
to day .— 1 he senate and house cf representatives, when assembled, shall 
each choose a speaker and its other officers; be judges of the qualifica¬ 
tions and election of its members, and sit upon its own adjournments 
from day to day. Not less than two-thirds of all the members to which 
each house shall be entitled [“Two-thirds of each house” in Constitu¬ 
tions of 1796 and 1834] shall constitute a quorum to do business; but 
a smaller number may adjourn from day to day, and may be autho¬ 
rized, by law, to compel the attendance of absent members. [Constitu¬ 
tion of 1796, art. i, sec. 8.] 

Sec. 12. Each house to make its own rules .—Each house may de¬ 
termine the rules of its proceedings, punish its members for disorderly 
behavior, and, with the concurrence of two-thirds, expel a member, 
but not a second time for the same offense; and shall have all other 
powers necessary for a branch of [“a branch of” not in Constitution 
of 1796] the legislature of a free state. [Constitution of 1796, art. i, 
sec. 9.] 

Sec. 13. Privilege of members .—Senators and representatives shall, 
in all cases, except treason, felony, or breach of the peace, be privi¬ 
leged from arrest during the session of the general assembly, and in 
going to and [“or” in Constitution of 1796] returning from the same; 
and for any speech or debate in either house, they shall not be ques¬ 
tioned in any other place. [Constitution of 1796, art. i, sec. 10.] 

Sec. 14. Power to punish other than members .—Each house may 
punish, by imprisonment, during its session, any person not a member, 
who shall be guilty of disrespect to the house, by any disorderly or 
any [“any” not in Constitutions of 1796 and 1834] contemptuous be¬ 
havior in its [“their” in Constitution of 1796] presence. [Constitution 
of 1796, art. i, sec. 11.] 

Sec. 15. Vacancies .—When vacancies happen in either house, the 
governor for the time being, shall issue w r rits of election to fill such 
vacancies. [Constitution of 1796, art. i, sec. 12.] 

Sec. 16. Limitation upon power of adjournment. — Neither house 
shall, during its [“their” in Constitution of 1796] session, adjourn with¬ 
out the [“the” not in Constitution of 1796] consent of the other for 
more than three days, nor to any other place than that in which the 
two houses shall be sitting. [Constitution of 1796, art. i, sec. 13.] 

Sec. 17. Origin and frame of bills .—Bills may originate in either 
house; but may be amended, altered or rejected by the other. [The 
remainder of this section originated with this Constitution.] No bill 
shall become a law which embraces more than one subject, that sub¬ 
ject to be expressed in the title. All acts which repeal, revive or amend 





IO 


Constitution of the State of Tennessee 


former laws, shall recite in their caption, or otherwise, the title or 
substance of the law repealed, revived or amended. [Constitution of 
1796, art. i, sec. 14.] 

Sec. 18. Of the passage of bills .—Every bill shall be read once, on 
three different days, and be passed each time in the house where it 
originated, before transmission to the other. No bill shall become a 
law until it shall have been read and passed, on three different days 
in each house, and shall have received, on its final passage in each 
house, the assent of a majority of all the members to which that house 
shall be entitled under this constitution; and shall have been signed 
by the respective speakers in open session, the fact of such signing to 
be noted on the journal; and shall have received the approval of the 
governor, or shall have been otherwise passed under the provisions of 
this constitution. 

Sec. 19. IVhen rejected .—After a bill has been rejected, no bill 
containing the same substance shall be passed into a law during the 
same session. [Constitution of 1796, art. i, sec. 16.] 

Sec. 20. Style of laws; when to take effect .—The style of the laws 
of this state shall be, “Be it enacted by the general assembly of the 
State of Tennessee.” [The remainder of this section originated with 
this Constitution.] No law of a general nature shall take effect until 
forty days after its passage unless the same or the caption shall state 
that the public welfare requires that it should take effect sooner. [Con¬ 
stitution of 1796, art. i, sec. 17.] 

Sec. 21. Journal of proceedings; ayes and noes .—Each house shall 
keep a journal of its proceedings, and publish it, except such parts as 
the welfare of the state may require to be kept secret; the ayes and 
noes shall be taken in each house upon the final passage of every bill 
of a general character, and bills making appropriations of public 
moneys; and the ayes and noes of the members on any question, shall, 
at the request of any five of them, be entered on the journal. 

Sec. 22. Business open, unless, etc .—The doors of each house and 
of [“of” not in Constitution of 1796] committees of the whole shall be 
kept open, unless when the business shall be such as ought to be kept 
secret. [Constitution of 1796. art. i, sec. 19.] 

Sec. 23. Compensation of members; number of days to be paid for; 
senators; court of impeachment; per diem .—The sum of four dollars 
per day, and four dollars for every twenty-five miles traveling to and 
from the seat of government, shall be allowed to the members of each 
general assembly elected after the ratification of this constitution, as a 
compensation for their services. But no member shall be paid for more 
than seventy-five days of a regular session, or for more than twenty 



Constitution of the State of Tennessee 


i i 


days of any extra or called session, or for any day when absent from 
his seat in the legislature, unless physically unable to attend. The 
senators, when sitting as a court of impeachment, shall each receive 
four dollars per day of actual attendance. 

Sec. 24. Appropriations of public moneys. —No money shall be 
drawn from the treasury but in consequence of appropriations made by 
law [the remainder of this section was not in the Constitution of 
1 796] ; and an accurate statement of the receipts and expenditures of 
the public money shall be attached to and published with the laws at 
the rise of each stated session of the general assembly. [Constitution 
of 1796, art. i, sec. 21.] 

Sec. 25. Defaulters ineligible. —No person who heretofore hath 
been, or may hereafter be, a collector or holder of public moneys, shall 
have a seat in either house of the general assembly, or hold any other 
office under the state government [“or hold any other office under the 
state government” originated with this Constitution], until such person 
shall have accounted for, and paid into the treasury, all sums for 
which he may be accountable or liable. [Constitution of 1796, art. i, 
sec. 22.] 

Sec. 26. Certain officers ineligible; no one to hold two lucrative 
offices. —No judge of any court of law or equity, secretary of state, 
attorney-general, register, clerk of any court of record, or person hold¬ 
ing any office under the authority of the United States, shall have a 
seat in the general assembly; nor shall any person in this state hold 
more than one lucrative office at the same time; provided, that no 
appointment in the militia, or to the office of justice of the peace, shall 
be considered a lucrative office [Remainder of this section not in Con¬ 
stitution of 1796], or operative as a disqualification to a seat in either 
house of the general assembly. [Constitution of 1796, art. i, sec. 23.] 

Sec. 27. Right of protest. —Any member of either house of the 
general assembly shall have liberty to dissent from and protest against, 
any act or resolve which he may think injurious to the public or to 
[“to” not in Constitution of 1796] any individual, and to have the 
reasons for [“of” in Constitution of 1796] his dissent entered on the 
journals. [Constitution of 1796, art. i, sec. 25.] 

Sec. 28. Taxation of property, merchants, peddlers, privileges, polls, 
and incomes from stocks and bonds not taxed. —All property real, per¬ 
sonal or mixed, shall be taxed, but the legislature may except such as 
may be held by the state, by counties, cities or towns, and used ex¬ 
clusively for public or corporation purposes, and such as may be held 
and used for purposes purely religious, charitable, scientific, literary 
or educational, and shall except one thousand dollars’ worth of personal 
property in the hands of each taxpayor, and the direct product of the 






Constitution of the State of Tennessee 


i 2 


soil in the hands of the producer, and his immediate vendee. All 
property shall be taxed according to its value, that value to be ascer¬ 
tained in such manner as the legislature shall direct, so that taxes 
shall be equal and uniform throughout the state. No one species of 
property from which a tax may be collected, shall be taxed higher than 
any other species of property of the same value, but the legislature 
shall have power to tax merchants, peddlers and privileges, in such 
manner as they may from time to time direct. The portion of a mer¬ 
chant’s capital used in the purchase of merchandize sold by him to 
nonresidents and sent beyond the state, shall not be taxed at a rate 
higher than the ad valorem tax on property. The legislature shall have 
power to levy a tax upon incomes derived from stocks and bonds that 
are not taxed ad valorem. All male citizens of this state over the age 
of twenty-one years, except such persons as may be exempted by law on 
account of age or other infirmity shall be liable to a poll tax of not 
less than fifty cents nor more than one dollar per annum. Nor shall 
any county or corporation levy a poll tax exceeding the amount levied 
by the state. 

Sec. 29. Legislature may authorize counties and towns to tax ; 
loan of credit of county , etc ., restricted ; exceptions . —The general assem¬ 
bly shall have power to authorize the several counties and incorporated 
towns in this state, to impose taxes for county and corporation purposes 
respectively, in such manner as shall be prescribed by law; and all 
property shall be taxed according to its value, upon the principles 
established in regard to state taxation. 

But the credit of no county, city or town shall be given or loaned 
to or in aid of any person, company, association or corporation, except 
upon an election to be first held by the qualified voters of such county, 
city or town, and the assent of three-fourth of the votes cast at said 
election. Nor shall any county, city or town become a stockholder with 
others in any company, association or corporation except upon a like 
election, and the assent of a like majority. But the counties of Grainger, 
Hawkins, Hancock, Union, Campbell, Scott, Morgan, Grundy, Sum¬ 
ner, Smith, Fentress, VanBuren, and the new county [Trousdale] 
herein [by art. x, sec. 4] authorized to be established [Trousdale cre¬ 
ated by Acts 1870, ch. 27] out of fractions of Sumner, Macon and 
Smith counties, White, Putnam, Overton, Jackson, Cumberland, Ander¬ 
son, Henderson, Wayne, Cocke, Coffee, Macon, Marshall, and Roane 
shall be excepted out of the provisions of this section so far that the 
assent of a majority of the qualified voters of either of said counties 
voting on the question shall be sufficient when the credit of such county 
is given or loaned to any person, association or corporation; Provided, 
That the exception of the counties above named shall not be in force 



Constitution of the State of Tennessee 


13 


beyond the year one thousand eight hundred and eighty, and after that 
period they shall be subject to the three-fourths majority applicable 
to the other counties of the state. [None of the provisions of this sec¬ 
tion in Constitution of 1796, and only the first sentence was in Con¬ 
stitution of 1834.] 

Sec. 30. Manufactures of produce of this state are not taxed. — No 
article manufactured of the produce of this state, shall be taxed other¬ 
wise than to pay inspection fees. [Constitution of 1796, art. i, sec. 27.] 

Sec. 31. State not to give aid, enter hanking business, nor to be¬ 
come stockholder. —The credit of this state shall not be hereafter loaned 
or given to or in aid of any person, association, company, corporation 
or municipality; nor shall the state become the owner in whole or in 
part of any bank or a stockholder with others in any association, com¬ 
pany, corporation or municipality. 

Sec. 32. Amendments to constitution of United States. —No con¬ 
vention or general assembly of this state shall act upon any amend¬ 
ment of the constitution of the United States proposed by congress to 
the several states; unless such convention or general assembly shall 
have been elected after such amendment is submitted. 

Sec. 33. No state bonds to defaulting railroads. —No bonds of the 
state shall be issued to any railroad company which at the time of its 
application for the same shall be in default in paying the interest upon 
the state bonds previously loaned to it or that shall hereafter and before 
such application sell or absolutely dispose of any state bonds loaned 
to it for less than par. 

ARTICLE III 
Executive Department 

Section i. Governor's executive power. —The supreme executive 
power of this state shall be vested in a governor. 

Sec. 2. Governor's election, when and by whom. —1 he governor 
shall be chosen by the electors of the members of the general assembly, 
at the time and places where they shall respectively vote for the mem¬ 
bers thereof. The returns of every election for governor shall be sealed 
up and transmitted to the seat of government, by the returning officers, 
directed to the speaker of the senate, who shall open and publish them 
in the presence of a majority of the members of each house of the 
general assembly. The person having the highest number of votes shall 
be governor; but if two or more shall be equal and highest in votes, 
one of them shall be chosen governor by joint vote [“ballot” in Consti¬ 
tution of 1796] of both houses of the general assembly. Contested 
elections for governor shall be determined by both houses of the general 
assembly, in such manner as shall be prescribed by law. 




Constitution of the State of Tennessee 


14 


Sec. 3. Governor’s qualifications. —He shall be at least thirty years 
of age, shall be a citizen of the United States, and shall have been a 
citizen of this state seven years next before his election. 

Sec. 4. Governor’s term of service. —The governor shall hold his 
office for two years, and until his successor shall be elected and quali¬ 
fied. He shall not be eligible more than six years in any term of eight. 

Sec. 5. Governor shall be commander in chief; militia not to be 
called out except, etc. —He shall be commander in chief of the army 
and navy of this state, and of the militia, except when they shall be 
called into the service of the United States [the ramainder of this sec¬ 
tion originated with this Constitution] ; but the militia shall not be 
called into service except in case of rebellion or invasion, and then 
only when the general assembly shall declare, by law, that the public 
safety requires it. 

Sec. 6. Governor may grant reprieves and pardons. —He shall 
have power to grant reprieves and pardons, after conviction, except 
in cases of impeachment. 

Sec. 7. Governor’s compensation. —He shall, at stated times, re¬ 
ceive a compensation for his services, which shall not be increased or 
diminished during the period for which he shall have been elected. 

Sec. 8. Governor may require information from officers. — He may 
require information in writing, from the offices in the executive depart¬ 
ment, upon any subject relating to the duties of their respective offices. 

Sec. 9. Governor may convene the legislature. —He may, on extra¬ 
ordinary occasions, convene the general assembly by proclamation, in 
which he shall state specifically the purposes for which they are to con¬ 
vene; but they shall enter on no legislative business except that for 
which they were specifically called together. 

Sec. 10. Governor to execute lavas. — He shall take care that the 
laws [“shall” inserted in Constitution of 1796] be faithfully executed. 

Sec. 11. Governor to give information to the legislature. —He shall, 
from time to time, give to the general assembly information of the 
state of the government, and recommend for [“to” in Constitutions of 
1796 and 1834] their consideration such measures as he shall judge 
expedient. 

Sec. 12. Vacancy in office of governor, hova filled. —In case of the 
removal of the governor from office, or of his death, or resignation, the 
powers and duties of the office shall devolve on the speaker of the 
senate; and in case of the death, removal from office, or resignation 
of the speaker of the senate, the powers and duties of the office shall 
devolve on the speaker of the house of representatives. 



Constitution of the State of Tennessee 


i 5 


Sec. 13. Ineligibility for governorship. —No member of congress, or 
person holding any office under the United States, or this state, shall 
execute the office of governor. 

Sec. 14. Governor to make temporary appointments. —When any 
officer, the right of whose appointment is by this constitution vested in 
the general assembly, shall, during the recess, die, or the [“his” in 
Constitution of 1796] office, by the expiration of the term, or [the 
words, “by the expiration of the term, or” were not in the Constitution 
of 1796] by other means, become vacant, the governor shall have the 
power to fill such vacancy by granting a temporary commission, which 
shall expire at the end of the next session of the legislature. 

Sec. 15. Great seal to be kept and used by the governor. —There 
shall be a seal of this state, which shall be kept by the governor, and 
used by him officially, and shall be called the Great Seal of the State 
of Tennessee. 

Sec. 16. Grants and commissions to be scaled and signed by the 
governor. —All grants and commissions shall be in the name and by 
the authority of the State of Tennessee, be sealed with the state seal, 
and signed by the governor. 

Sec. 17. Secretary of state. —A secretary of [“this” inserted in 
Constitution of 1796] state shall be appointed by joint vote of the 
general assembly [the last seven words not in the Constitution of 1796], 
and commissioned during the term of four years; he shall keep a fair 
register of all the official acts and proceedings of the governor; and 
shall, when required lay the same, and all papers, minutes and vouchers 
relative thereto, before the general assembly; and shall perform such 
other duties as shall be enjoined by law. 

Sec. 18. Bills to be approved by the governor; governor’s veto; 
bills passed over governor’s veto; a bill becomes a lav: by the gov¬ 
ernor’s failure to return it; joint resolutions to be approved, vetoed, 

etc., as bills. —Every bill which may pass both houses of the general 
assembly, shall before it becomes a law, be presented to the governor 
for his signature. If he approve, he shall sign it, and the same shall 
become a law; but if he refuse to sign it, he shall return it with his 
objections thereto, in writing, to the house in which it originated; and 
said house shall cause said objections to be entered at large upon its 
journal, and proceed to reconsider the bill. If after such reconsideration 
a majority of all the members elected to that house shall agree to pass 
the bill, notwithstanding the objections of the executive, it shall be 
sent, with said objections, to the other house, by which it shall be like¬ 
wise reconsidered. If approved by a majority of the whole number 
elected to that house, it shall become a law. The votes of both houses 
shall be tetermined by yeas and nays, and the names of all the mem- 




Constitution of the State of Tennessee 


i 6 


bers voting for or against the bill shall be entered upon the journals 
of their respective houses. If the governor shall fail to return any 
bill, with his objections within five days (Sundays excepted) after it 
shall have been presented to him, the same shall become a law with¬ 
out his signature, unless the general assembly, by its adjournment, 
prevents its return, in which case it shall not become a law. Every 
joint resolution or order, (except on questions of adjournment,) shall 
likewise be presented to the governor for his signature, and before it 
shall take effect shall receive his signature; and on being disapproved 
by him, in like manner, be returned with his objections; and the same, 
before it shall take effect, shall be repassed by a majority of all the 
members elected to both houses, in the manner and according to the 
rules prescribed in case of a bill. 

ARTICLE IV 
Elections 

Section i. Right of suffrage; poll tax; military duty; voting, 
ivhere. —Every male person of the age of twenty-one years, being a 
citizen of the United States, and a resident of this state for twelve 
months, and of the county wherein he may offer his vote for six 
months, next preceding the day of election, shall be entitled to vote for 
members of the general assembly and other civil officers for the county 
or district in which he resides; and there shall be no qualification 
attached to the right of suffrage, except that each voter shall give to 
the judges of election where he offers to vote, satisfactory evidence 
that he has paid the poll taxes assessed against him, for such preceding 
period as the legislature shall prescribe, and at such time as may be 
prescribed by law; without which his vote cannot be received. And 
all male citizens of the state shall be subject to the payment of poll 
taxes and to the performance of military duty, within such ages as 
may be prescribed by law T . The general assembly shall have power to 
enact laws requiring voters to vote in the election precincts in which 
they may reside, and laws to secure the freedom of elections and the 
purity of the ballot box. 

Sec. 2. Right of suffrage may he excluded for crime .—Laws may 
be passed excluding from the right of suffrage persons who may be 
convicted of infamous crimes. [This provision was not in the Con¬ 
stitution of 1796.] 

Sec. 3. Privileges of voters .—Electors shall, in all cases, except 
treason, felony, or [“a” in Constitution of 1796] breach of the peace, 
be privileged from arrest or summons [“or summons” not in Consti¬ 
tution of 1796], during their attendance at elections, and in going to 
and returning from them. [Constitution of 1796, art. iii, sec. 2.] 



Constitution of the State of Tennessee 


17 


Sec. 4. Mode of voting. —In all elections to be made by the general 
assembly, the members thereof shall vote viva voce, and their votes 
shall be entered on the journal. All other elections shall be by ballot. 

ARTICLE V 
Impeacfiments 

Section i. Impeachment. —The house of representatives shall have 
the sole power of impeachment. 

Sec. 2. T'ried by the senate. —All impeachments shall be tried by 
the senate. When sitting for that purpose the senators shall be upon 
oath or affirmation, and the chief justice of the supreme court, or if 
he be on trial, the senior associate judge, shall preside over them. No 
person shall be convicted without the concurrence of two-thirds of the 
senators sworn to try the officer impeached. 

Sec. 3. How prosecuted. —The house of representatives shall elect 
from their own body three members, whose duty it shall be to prose¬ 
cute impeachments. No impeachment shall be tried until the legislature 
shall have adjourned sine die, when the senate shall proceed to try 
such impeachment. 

Sec. 4. IF ho may be impeached. —The governor, judges of the 
supreme court, judges of the inferior courts, chancellors, attorneys for 
the state, treasurer, comptroller and secretary of state, shall be liable 
to impeachment, whenever they may, in the opinion of the house of 
representatives, commit any crime in their official capacity which may 
require disqualification; but judgment shall only extend to removal 
from office, and disqualification to fill any office thereafter. The party 
shall, nevertheless, be liable to indictment, trial, judgment and punish¬ 
ment according to law. The legislature now has, and shall continue to 
have, power to relieve from the penalities imposed, any person dis¬ 
qualified from holding office by the judgment of a court of impeach¬ 
ment. 

Sec. 5. Officers liable to indictment and removal from office upon 
conviction. —Justices of the peace, and other civil officers, not herein¬ 
before mentioned, for crimes or misdemeanors in office, shall be liable 
to indictment in such courts as the legislature may direct; and upon 
conviction, shall be removed from office by said court, as if found 
guilty on impeachment; and shall be subject to such other punishment 
as may be prescribed by law. 

ARTICLE VI 
Judicial Department 

Section i. Judicial power. —The judicial power of this state shall 
be vested in one supreme court, and in such circuit, chancery and 
other inferior courts as the legislature shall from time to time, ordain 





i8 


Constitution of the State of Tennessee 


and establish; in the judges thereof, and in justices of the peace. The 
legislature may also vest such jurisdiction in corporation courts as 
may be deemed necessary. Courts to be holden by justices of the peace 
may also be established. 

Sec. 2. Supreme court. —The supreme court shall consist of five 
judges, of whom not more than two shall reside in any one of the 
grand divisions of the state. The judges shall designate one of their 
own number who shall preside as chief justice. The concurrence of 
three of the judges shall in every case be necessary to a decision. The 
jurisdiction of this court shall be appellate only, under such restric¬ 
tions and regulations as may from time to time be prescribed by law; 
but it may possess such other jurisdiction as is now conferred by law on 
the present supreme court. Said court shall be held at Knoxville, 
Nashville and Jackson. 

Sec. 3. Supreme court judges; qualifications; election; terms; 
power of legislature to prescribe rules. —The judges of the supreme 
court shall be elected by the qualified voters of the state. The legis¬ 
lature shall have power to prescribe such rules as may be necessary 
to carry out the provision of section two of this article. Every judge 
of the supreme court shall be thirty-five years of age, and shall before 
his election have been a resident of the state for five years. His term 
of service shall be eight years. 

Sec. 4. Judges of inferior courts; election; qualifications. —The 
judges of the circuit and chancery courts, and of other inferior courts, 
shall be elected by the qualified voters of the district or circuit to 
which they are to be assigned. Every judge of such courts shall be 
thirty years of age, and shall before his election, have been a resident 
of the state for five years, and of the circuit or district one year. His 
term of service shall be eight years. 

Sec. 5. Attorney-general and reporter. — An attorney-general and 
reporter for the state, shall be appointed by the judges of the supreme 
court and shall hold his office for a term of eight years. An attorney 
for the state for any circuit or district, for which a judge having 
criminal jurisdiction shall be provided by law, shall be elected by the 
qualified voters of such circuit or district, and shall hold his office for 
a term of eight years, and shall have been a resident of the state five 
years, and of the circuit or district one year. In all cases where the 
attorney for any district fails or refuses to attend and prosecute accord¬ 
ing to law, the court shall have power to appoint an attorney pro 
tempore. 

Sec. 6. Judges and attorneys, how removed. — Judges and attorneys 
for the state may be removed from office by a concurrent vote of both 
houses of the general assembly, each house voting separately; but two- 



Constitution of the State of Tennessee 


19 


thirds of the members to which each house may be entitled [“two- 
thirds of all the members elected to each house” in Constitution of 
1834] must concur in such vote. The vote shall be determined by ayes 
and noes, and the names of the members voting for or against the 
judge or attorney for the state together w T ith the cause or causes of 
removal, shall be entered on the journals of each house respectively. 
The judge or attorney for the state, against whom the legislature may 
be about to proceed, shall receive notice thereof accompanied w r ith a 
copy of the causes alleged for his removal, at least ten days before 
the day on which either house of the general assembly shall act there¬ 
upon. 

Sec. 7. Compensation of judges. —The judges of the supreme or 
inferior courts, shall, at stated times, receive a compensation for their 
services, to be ascertained by law, which shall not be increased or 
diminished during the time for which they are elected. They shall 
not be allowed any fees or perquisites of office nor hold any office of 
trust or profit under this state or the United States. 

Sec. 8. Jurisdiction of inferior courts. —The jurisdiction of the 
circuit, chancery and other inferior courts, shall be as now established 
by law, until changed by the legislature. 

Sec. 9. Judge’s charge. —Judges shall not charge juries w r ith re¬ 
spect to matters of fact, but may state the testimony and declare the 
law T . 

Sec. 10. Certiorari. —The judges or justices of inferior courts of 
law' and equity, shall have power in all civil caces [cases], to issue 
writs of certiorari to remove any cause or the transcript of the record 
thereof, from any inferior jurisdiction, into such court of law 7 , on suffi¬ 
cient cause, supported by oath or affirmation. 

Sec. 11. Incompetency of judges; special judges. —No judge of 
the supreme or inferior courts shall preside on the trial of any cause 
in the event of which he may be interested, or where either of the 
parties shall be connected with him by affinity or consanguinity, within 
such degrees as may be prescribed by law, or in which he may have 
been of counsel, or in which he may have presided in any inferior 
court, except by consent of all the parties. In case all or any of the 
judges of the supreme court shall thus be disqualified from presiding 
on the trial of any cause or causes, the court, or the judges thereof, 
shall certify the same to the governor of the state, and he shall forth¬ 
with specially commission the requisite number of men, of law knowl¬ 
edge, for the trial and determination thereof. The legislature may by 
general laws make provision that special judges may be appointed, to 
hold any courts the judge of which shall be unable or fail to attend or 
sit; or to hear any cause in which the judge may be incompetent. 




20 


Constitution of the State of Tennessee 


Sec. 12. Requisites of writs and process; conclusion of indictments . 
—All writs and ether process shall run in the name of the State of 
Tennessee and bear teste and be signed by the respective clerks. In¬ 
dictments shall conclude, “against the peace and dignity of the state.” 

Sec. 13. Clerks of courts. —Judges of the supreme court shall ap¬ 
point their clerks who shall hold their offices for six years. Chancellors 
shall appoint their clerks and masters, who shall hold their offices for 
six years. Clerks of inferior courts, holden in the respective counties 
or districts, shall be elected by the qualified voters thereof for the 
term of four years. Any clerk may be removed from office for mal¬ 
feasance, incompetency or neglect of duty, in such manner as may be 
prescribed by law. 

Sec. 14. Fines exceeding fifty dollars to be assessed by jury. —No 
fine shall be laid on any citizen of this state that shall exceed fifty 
dollars, unless it shall lie assessed by a jury of his peers, who shall 
assess the fine at the time they find the fact, if they think the fine 
should [“ought to” in Constitution of 1796] be more than fifty dollars. 

Sec. 15. Districts in counties; justices and constables; number; 
terms; removal from district. —The different counties of this state shall 
be laid off, as the general assembly may direct, into districts of con¬ 
venient size, so that the whole number in each county shall not be 
more than twenty-five, or four for every one hundred square miles. 
There shall be two justices of the peace and one constable elected in 
each district by the qualified voters therein, except districts including 
county towns, which shall elect three justices and two constables. The 
jurisdiction of said officers shall be coextensive with the county. Jus¬ 
tices of the peace shall be elected for the term of six, and constables 
for the term of two years. Upon [“the” in Constitution of 1834] re_ 
moval of either of said officers from the district in which he was 
elected, his office shall become vacant from the time of such removal. 
Justices of the peace shall be commissioned by the governor. The 
legislature shall have power to provide for the appointment of an ad¬ 
ditional number of justices of the peace in incorporated towns. 

ARTICLE VII 
State and County Officers 

Section i. County officers; their election; terms; removal. — There 
shall be elected in each county, by the qualified voters therein, one 
sheriff, one trustee, [“and” inserted in Constitution of 1834] one reg¬ 
ister; the sheriff and trustee for two years, and the register for four 
years. But [instead of “But” the words “Provided, that” were used 
in the Constitution of 1834] no person shall be eligible to the office of 
sheriff more than six years in any term of eight years. There shall 
be elected for each county, by the justices of the peace, one coroner, 




21 


Constitution- or the State of Tennessee 


and one ranger who shall hold their offices for two years; said officers 
shall be removed for malfeasance, or neglect of duty, in such manner 
as may be prescribed by law. 

Sec. 2. I acancies, hovj filled .—Should a vacancy occur, subsequent 
to an election, in the office of sheriff, trustee or register, it shall be 
filled by the justices; if in that of the clerks to be elected by the 
people [see art. vi, sec. 13], it shall be filled by the courts; and the 
person so appointed shall continue in office until his successor shall be 
elected and qualified; and such office shall be filled by the qualified 
voters at the first election for any of the county officers. 

Sec. 3. Treasurer arid comptroller .—There shall be a treasurer or 
treasurers and a comptroller of the treasury appointed for the state, 
by the joint vote of both houses of the general assembly, who shall 
hold their offices for two years. 

Sec. 4. Other elections and vacancies .—The election of all officers, 
and the filling of all vacancies [the words “that may happen by death, 
resignation, or removal,” were contained here in the Constitution of 
1834] not otherwise directed or provided by this constitution, shall be 
made in such manner as the legislature shall direct. 

Sec. 5. Time of election of civil officers; term,; temporary ap¬ 
pointments .—Elections for judicial and other civil officers shall be 
held on the first Thursday in August, one thousand eight hundred and 
seventy, and forever thereafter on the first Thursday in August next 
preceding the expiration of their respective terms of service. 

The term of each officer so elected shall be computed from the first 
day of September next succeeding his election. The term of office of 
the governor and of other executive officers shall be computed from 
the fifteenth of January next after the election of the governor. No 
appointment cr election to fill a vacancy shall be made for a period 
extending beyond the unexpired term. Every officer shall hold his 
office until h’.s successor is elected or appointed, and qualified. No 
special election shall be held to fill a vacancy in the office of judge or 
district attorney, but at the time herein fixed for the biennial election 
of civil officers; and such vacancy shall be filled at the next biennial 
election recurring mere than thirty days after the vacancy occurs. 

ARTICLE VIII 
Militia 

Section r. Militia officers to be elected .—All militia officers shall 
be elected by persons subject to military duty, within the bounds of 
their several companies, battalions, regiments, brigades and divisions, 
under such rules and regulations as the legislature may from time to 
time direct and establish. 






22 


Constitution of the State of Tennessee 


Sec. 2. Staff officers to be appointed. —The governor shall appoint 
the adjutant general and his other staff officers; the major generals, 
brigadier generals, and commanding officers of regiments, shall re¬ 
spectively appoint their staff officers. 

Sec. 3. Exemptions from attending musters. —The legislature shall 
pass laws exempting citizens belonging to any sect or denomination of 
religion, the tenets of which are known to be opposed to the bearing 
of arms, from attending private and general musters. [Constitution of 
1796, art. vii, sec. 7, same as this]. 

ARTICLE IX 
Disqualifications 

Section i. Ineligibility of ministers and priests to seats in legis¬ 
lature. —Whereas ministers of the gospel are by their profession, dedi¬ 
cated to God and the care of souls, and ought not to be diverted from 
the great duties of their functions; therefore, no minister of the gospel, 
or priest of any denomination whatever, shall be eligible to a seat in 
either house of the legislature. 

Sec. 2. No atheist or disbeliever shall hold a civil office. —No per¬ 
son who denies the being of God, or a future state of rewards and 
punishments, shall hold any office in the civil department of this state. 

Sec. 3. Duelists, senders and acceptors of challenges to fight duels, 
and all aiders and abettors shall hold no office. —Any person who shall, 
after the adoption of this constitution, fight a duel, or knowingly be 
the bearer of a challenge to fight a duel, or send, or accept a challenge 
for that purpose, or be an aider or abetter in fighting a duel, shall 
be deprived of the right to hold any office of honor or profit in this 
state, and shall be punished otherwise, in such manner as the legisla¬ 
ture may prescribe. 

ARTICLE X 

Oaths; Bribery of Electors; New Counties 

Section i. Oath of office, and to support constitutions. —Every 
person who shall be chosen or appointed to any office of trust or profit 
under this constitution, or any law made in pursuance thereof, shall, 
before entering on the duties thereof, take an oath to support the con¬ 
stitution of this state, and of the United States, and an oath of office. 

Sec. 2. Oath of members of the general assembly. — Each member 
of the senate and house of representatives, shall before they proceed 
to business take an oath or affirmation to support the constitution of 
this state, and of the United States and also the following oath: 

“I. do solemnly swear (or affirm) that as a 

member of this general assembly, I will, in all appointments, vote 
without favor, affection, partiality, or prejudice; and that I will not 




Constitution of the State of Tennessee 


23 


propose or assent to any bill, vote or resolution, which shall appear to 
me injurious to the people, or consent to any act or thing, whatever, 
that shall have a tendency to lessen or abridge their rights and privi¬ 
leges, as declared by the constitution of this state.” 

Sec. 3. Punishment of electors and candidates for bribery. —Any 
elector who shall receive any gift or reward for his vote, in meat, 
drink, money or otherwise, shall suffer such punishment as the laws 
shall direct. And any person who shall directly or indirectly give, 
promise or bestow any such reward to be elected, shall thereby be ren¬ 
dered incapable, for six [“two” in Constitution of 1796] years, to serve 
in the office for which he was elected, and be subject to such further 
punishment as the legislature shall direct. 

Sec. 4. New counties; approach of county lines to courthouse; 
limit to reduction of counties; exceptionvote necessary to detach 
fractions for formation of new counties or to remove a county seat; 
liability for existing debt. —New Counties may be established by the 
legislature to consist of not less than two hundred and seventy-five 
square miles, and which shall contain a population of seven hundred 
qualified voters; no line of such county shall approach the courthouse 
of any old county from which it may be taken nearer than eleven 
miles, nor shall such old county be reduced to less than five hundred 
square miles. But the following exceptions are made to the foregoing 
provisions viz.: New counties may be established by the present or 
any succeeding legislature out of the following territory to wit: Out 
of that portion of Obion county which lies west of low water mark 
of Reel Foot lake: out of fractions of Sumner, Macon and Smith coun¬ 
ties; but no line of such new county shall approach the courthouse 
of Sumner or of Smith counties nearer than ten miles, nor include any 
part of Macon county lying within nine and a half miles of the court¬ 
house of said county nor shall more than twenty square miles of Macon 
county nor any part of Sumner county lying due west of the western 
boundary of Macon county, be taken in the formation of said new 
county: out of fractions of Grainger and Jefferson counties, but no line 
of such new county shall include any part of Grainger county north of 
the Holston river; nor shall any line thereof approach the courthouse 
of Jefferson county nearer than eleven miles. Such new county may in¬ 
clude any other territory which is not excluded by any general provision 
of this constitution: out of fractions of Jackson and Overton counties 
but no line of such new county shall approach the courthouse of Jack- 
son or Overton counties nearer than ten miles, nor shall such county con¬ 
tain less than four hundred qualified voters, nor shall the area of either 
of the old counties be reduced below four hundred and fifty square 
miles: out of fractions of Roane, Monroe, and Blount counties, around 






24 


Constitution of thf. State of Tennessee 


the town of Loudon; but no line of such new county shall ever ap¬ 
proach the town of Maryville, Kingston, or Madisonville nearer than 
eleven miles, except that on the south side of the Tennessee river, said 
lines may approach as near as ten miles to the courthouse of Roane 
county. 

The counties of Lewis, Cheatham, and Sequatchie, as now established 
by legislative enactments are hereby declared to be constitutional 
counties. No part of Bledsoe county shall be taken to form a new 
county or a part thereof or be attached to any adjoining county. 

That portion of Marion county included within the following 
boundaries, beginning on the Grundy and Marion county line at the 
Nick-a-Jack Trace and running about six hundred yards west of Ben. 
Posey’s, to where the Tennessee Coal Railroad crosses the line, run¬ 
ning thence southeast through the Pocket near William Summar’s cros¬ 
sing the Battle creek gulf at the corner of Thomas Wooten’s field, 
thence running across the Little Gizzard gulf at Raven point, thence 
in a direct line to the bridge crossing the Big Fiery Gizzard, thence 
in a direct line to the mouth of Holy Water creek, thence up said creek 
to the Grundy county line, and thence with said line to the beginning; 
is hereby detached from Marion county, and attached to the county of 
Grundy. 

No part of a county shall be taken off to form a new- county or a 
part thereof without the consent of two-thirds of the qualified voters 
in such part taken off; and where an old county is reduced for the 
purpose of forming a new one, the seat of justice in said old county 
shall not be removed without the concurrence of two-thirds of both 
branches of the legislature, nor shall the seat of justice of any county 
be removed without the concurrence of two-thirds of the qualified 
voters of the county. But the foregoing provisions requiring a two- 
thirds majority of the voters of a county to remove its county seat 
shall not apply to the counties of Obion and Cocke. 

The fractions taken from old counties to form new counties, or 
taken from one county and added to another shall continue liable for 
their pro rata of all debts contracted by their respective counties prior 
to the separation, and be entitled to their proportion of any stocks or 
credits belonging to such old counties. 

Sec. 5. To vote with old county .—The citizens who may be in¬ 
cluded in any new county shall vote with the county or counties from 
which they may have been stricken off, for members of congress, for 
governor and for members of the general assembly until the next ap¬ 
portionment of members to the general assembly after the establish¬ 
ment of such new county. 



Constitution of the State of Tennessee 


25 


ARTICLE XI 
Miscellaneous Provisions 

Section i. Existing laws not effected by this constitution. —All 
laws and ordinances now in force and use in this state, not inconsistent 
with this constitution, shall continue in force and use until they shall 
expire or be altered, or repealed by the legislature; but ordinances 
contained in any former constitution or schedule thereto are hereby 
abrogated. 

Sec. 2. Nor rights, contracts, actions, etc. —Nothing contained in 
this constitution shall impair the validity of any debts or contracts, or 
affect any rights of property or any suits, actions, rights of action or 
other proceedings in courts of justice. 

Sec. 3. Amendments to the constitution, etc.; not oftener than once 
in six years; but legislature may at any time submit question of calling 
convention. —Any amendment or amendments to this constitution may 
be proposed in the senate or house of representatives, and if the same 
shall be agreed to by a majority of all the members elected to each 
of the two houses, such proposed amendment or amendments shall be 
entered on their journals with the yeas and nays thereon, and re¬ 
ferred to the general assembly then next to be chosen; and shall be 
published six months previous to the time of making such choice; and 
if in the general assembly then next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to by two-thirds of all the 
members elected to each house, then it shall be the duty of the general 
assembly to submit such proposed amendment or amendments to the 
people, in such manner and at such time as the general assembly shall 
prescribe. And if the people shall approve and ratify such amendment 
or amendments by a majority of all the citizens of the state voting for 
representatives, voting in their favor, such amendment or amendments 
shall become part of this constitution. When any amendment or amend¬ 
ments to the constitution shall be proposed in pursuance of the fore¬ 
going provisions the same shall at each of said sessions be read three 
times on three several days in each house. The legislature shall not 
propose amendments to the constitution oftener than once in six years. 
[The last sentence in this section originated with this Constitution.] 
The legislature shall have the right, at any time by law, to submit to 
the people the question of calling a convention to alter, reform or 
abolish this constitution, and when upon such submission, a majority 
of all the votes cast shall be in favor of said proposition, then delegates 
shall be chosen, and the convention shall assemble in such mode and 
manner as shall be prescribed. 

Sec. 4. Divorces not to be granted by the legislature, but by the 
courts. —The legislature shall have no power to grant divorces, but 





2 6 


Constitution of the State of Tennessee 


may authorize the courts of justice to grant them for such causes as 
may be specified by law, but such laws shall be general and uniform 
in their operation throughout the state. 

Sec. 5. Lotteries. —The legislature shall have no power to authorize 
lotteries for any purpose, and shall pass laws to prohibit the sale of 
lottery tickets in this state. 

Sec. 6. Changing names, adoption, and legitimation. — The legis¬ 
lature shall have no power to change the names of persons, or to pass 
acts adopting or legitimatizing [legitimating or legitimizing] persons; 
but shall, by general laws, confer this power on the courts. 

Sec. 7. Interest, conventional rate. —The legislature shall fix the 
rate of interest, and the rate so established shall be equal and uniform 
throughout the state; but the legislature may provide for a conven¬ 
tional rate of interest, not to exceed ten per centum per annum. 

Sec. 8. General laws only to he passed; corporations only to he 
provided for hy general laws. —The legislature shall have no power 
to suspend any general law for the benefit of any particular individual, 
nor to pass any law for the benefit of individuals inconsistent with the 
general laws of the land; nor to pass any law granting to any indivi¬ 
dual or individuals, rights, privileges, immunitie [immunities] or ex¬ 
emptions other than such as may be, by the same law extended to any 
member of the community, who may be able to bring himself within 
the provisions of such law. No corporation shall be created or its 
powers increased or diminished by special laws but the general assem¬ 
bly shall provide by general laws for the organization of all corpora¬ 
tions, hereafter created, which laws may, at any time, be altered or 
repealed, and no such alteration or repeal shall interfere with or 
divest rights which have become vested. 

Sec. 9. Power over private and local affairs. — The legislature shall 
have the right to vest such powers in the courts of justice, with re¬ 
gard to private and local affairs, as may be expedient. 

Sec. 10. Internal improvements to he encouraged. —A well regu¬ 
lated system of internal improvement is calculated to develop the re¬ 
sources of the state, and promote the happiness and prosperity of her 
citizens; therefore, it ought to be encouraged by the general assembly. 

Sec. 11. Homestead exemption. — A homestead in the possession of 
each head of a family and the improvements thereon, to the value, in 
all of one thousand dollars shall be exempt from sale under legal 
process during the life of such head of a family, to inure to the benefit 
of the widow, and shall be exempt during the minority of their chil¬ 
dren occupying the same. Nor shall said property be alienated without 
the joint consent of husband and wife, when that relation exists. This 



Constitution of the State of Tennessee 


2 7 


exemption shall not operate against public taxes, nor debts contracted 
for the purchase money of such homestead, or improvements thereon. 

Sec. 12. Education to be cherished; common school fund; poll 
tax; whites and negroes; colleges, etc., rights of. —Knowledge,, learn¬ 
ing and virtue, being essential to the preservation of republican insti¬ 
tutions, and the diffusion of the opportunities and advantages of edu¬ 
cation throughout the different portions of the state, being highly con¬ 
ducive to the promotion of this end, it shall be the duty of the general 
assembly in all future periods of this government, to cherish litera¬ 
ture and science. And the fund called the common school fund, and 
all the lands and proceeds thereof, dividends, stocks, and other prop¬ 
erty of every description whatever, heretofore by law appropriated by 
the general assembly of this state for the use of common schools, and 
all such as shall hereafter be appropriated, shall remain a perpetual 
fund, the principal of which shall never be diminished by legislative 
appropriations; and the interest thereof shall be inviolably appropriated 
to the support and encouragement of common schools throughout the 
state, and for the equal benefit of all the people thereof; and no law 
shall be made authorizing said fund or any part thereof to be diverted 
to any other use than the support and encouragement of common 
schools. The state taxes, derived hereafter from polls shall be ap¬ 
propriated to educational purposes, in such manner as the general as¬ 
sembly shall from time to time direct by law. No school established or 
aided under this section shall allow white and negro children to be 
received as scholars together in the same school. The above provisions 
shall not prevent the legislature from carrying into effect any laws that 
have been passed in favor of the colleges, universities or academies, or 
from authorizing heirs or distributees to receive and enjoy escheated 
property under such law r s as may be passed from time to time. 

Sec. 13. Game, fish, etc. —The general assembly shall have power 
to enact law T s for the protection and preservation of game and fish, 
within the state, and such laws may be enacted for and applied and 
enforced in particular counties or geographical districts, designated 
by the general assembly. 

Sec. 14. Intermarriage between whites and negroes. —The inter¬ 
marriage of white persons with negroes, mulattoes, or persons of mixed 
blood, descended from a negro to the third generation inclusive or 
their living together as man and wife in this state is prohibited. The 
legislature shall enforce this section by appropriate legislation. 

Sec. 15. Religious holidays. —No person shall in time of peace be 
required to perform any service to the public on any day set apart by 
his religion as a day of rest. 





2 o 


Constitution of the State of Tennessee 


Sec. i 6 . Bill of rights to remain inviolate. —The declaration of 
rights hereto prefixed is declared to be a part of the constitution of 
this state, and shall never be violated on any pretense whatever. And 
to guard against transgression of the high powers we have delegated, 
we declare that everything in the bill of rights contained, is excepted 
out of the general powers of the government, and shall forever remain 
inviolate. 

Sec. 17. County offices. —No county office created by the legislature 
shall be filled otherwise than by the people or the county court. 

SCHEDULE TO THE CONSTITUTION OF 1870 

Section i. Public officers, to hold fro?n what time; appointments; 
officers to vacate, when; exceptions. —That no incovenience may arise 
from a change of the constitution, it is declared that the governor of 
the state, the members of the general assembly and all officers elected 
at or after the general election of March, one thousand eight hundred 
and seventy, shall hold their offices for the terms prescribed in this 
constitution. 

Officers appointed by the courts shall be filled by appointment, to 
be made and to take effect during the first term of the court held by 
judges elected under this constitution. 

All other officers shall vacate their places thirty days after the day 
fixed for the election of their successors under this constitution. 

The secretary of state, comptroller and treasurer shall hold their 
offices until the first session of the present general assembly occurring 
after the ratification of this constitution and until their successors are 
elected and qualified. 

The officers then elected shall hold their offices until the fifteenth 
day of January, one thousand eight hundred and seventy-three. 

Sec. 2. Judges of supreme court; vacancy to remain unfilled; court 
may sit in two sections; two judges must concur; attorney-general and 
reporter. —At the first election of judges under this constitution there 
shall be elected six judges of the supreme court, two from each grand 
division of the state who shall hold their offices for the term herein 
prescribed. 

In the event any vacancy shall occur in the office of either of said 
judges at any time after the first day of January, one thousand eight 
hundred and seventy-three, it shall remain unfilled and the court shall 
from that time be constituted of five judges. 

While the court shall consist of six judges they may sit in two 
sections, and may hear and determine causes in each at the same time, 
but not in different grand divisions at the same time. 




Constitution of the State of Tennessee 


29 


When so sitting the concurrence of two judges shall be necessary 
to a decision. 

The attorney-general and reporter for the state shall be appointed 
after the election and qualification of the judges of the supreme court 
herein provided for. 

Sec. 3. Officers to take oath to support this constitution, or 'vacate. 
—Every judge and every officer of the executive department of this 
state and every sheriff holding over under this constitution, shall, with¬ 
in twenty days after the ratification of this constitution is proclaimed, 
take an oath to support the same, and the failure of any officer to 
take such oath shall vacate his office. 

Sec. 4. Statute of limitations. —The time which has elapsed since 
the sixth day of May, one thousand eight hundred and sixty-one, until 
the first day of January, one thousand eight hundred and sixty-seven, 
shall not be computed, in any cases affected by the statutes of limit¬ 
ation, nor shall any writ of error be affected by such lapse of time. 

Done in convention at Nashville the twenty-third day of February 
in the year of our Lord one thousand eight hundred and seventy, and 
of the independence of the United States, the ninety-fourth. In testi¬ 
mony whereof we have hereunto set our names. 

JOHN C. BROWN, President. 


John Allen 

W. F. Doherty 

Jos. A. Mabry 

Jesse Arledge 

J. E. Dromgoole 

A. G. McDougal 

Humphrey R. Bate 

James Fentress 

Malcolm McNabb 

Jno. Baxter 

A. T. Fielder 

Matt. Martin 

A. Blizard 

P. G. Fulkerson 

John H. Meeks 

Nathan Brandon 

John A. Gardner 

Thos. C. Morris 

R. P. Brooks 

John E. Garner 

J. Netherland 

James Britton 

S. P. Gaut 

A. 0 . P. Nicholson 

Neill S. Brown 

Charles N. Gibbs 

Geo. C. Porter 

James S. Brown 

B. Gordon 

Jas. D. Porter, Jr. 

T. M. Burkett 

J. B. Heiskell 

Geo. E. Seay 

John W. Burton 

R. Henderson 

Samuel G. Shepard 

Wm. Byrne 

H. L. W. Hill 

E. H. Shelton 

Alex. W. Campbell 

Sp’l. Hill 

Wm. H. Stephens 

Wm. Blount Carter 

Sam’l S. House 

John M. Taylor 

Z. R. Chowning 

Jno. F. House 

J. C. Thompson 

James A. Coffin 

T. B. Ivie 

W. Vance Thompson 

Warren Cummings 

Thomas M. Jones 

James J. Turner 

Robert P. Cypert 

David N. Kennedy 

Geo. W. Walters 

W. V. Deaderick 

D. M. Key 

Richard Warner, Jr. 

Thos. D. Davenport 

Sam J. Kirkpatrick 

Wm. H. Williamson 

G. G. Dibrell 

A. A. Kyle 

W. M. Wright 




3° 


Constitution of the State of Tennessee 


Attest: 

T. E. S. Russwurm, Secretary 

Thos. W. Jones, Assistant Secretary 

W. S. Kyle, Second Assistant Secretary 

The following eight delegates failed to sign the Constitution of 
1870: 

Joseph H. Blackburn James C. Parker 

James W. Branson William Sample 

W. H. Finley W. B. Staley 

H. R. Gibson (The only member now living) Geo. W. Jones 

ORDINANCE TO CONSTITUTION OF 1870 

Section i. Election ordered. —Be it ordained by the convention, 
That it shall be the duty of the several officers of the state, authorized 
by law to hold elections for members of the general assembly and 
other officers, to open and hold an election at the place of holding 
said elections in their respective counties, on the fourth Saturday in 
March, 1870, for the purpose of receiving the votes of such qualified 
voters as may desire to vote for the ratification or rejection of the 
constitution recommended by this convention. And the qualification 
of voters in said election be the same as that required in the election 
of delegates to this convention. 

Sec. 2. Duty of returning officer3; mariner of voting. —It shall be 
the duty of said returning officers, in each county in this state, to 
enroll the name of each voter on the poll books prepared for said 
election, and shall deposit each ballot in the ballot boxes respectively. 
Each voter who wishes to ratify the new constitution shall have writ¬ 
ten or printed on his ticket, the words, “New Constitution,” or words 
of like import; and each voter who wishes to vote against the ratifi¬ 
cation of the new constitution, shall have written or printed on his 
ticket, the words, “Old Constitution,” or words of like import. 

Sec. 3. Election, how held; votes, etc. —The election shall be held, 
and the judges and clerks shall be appointed, as in the case of the 
election of the members of the general assembly; and the returning 
officers, in presence of the judges or inspectors, shall count the votes 
given for the “New Constitution,” and of those given for the “Old 
Constitution,” of which they shall keep a correct estimate in said poll 
books. They shall deposit the original poll books of said election with 
the clerks of the county courts in the respective counties, and shall, 
within five days after the election, make out accurate statements of 
the number of votes in their respective counties, for or against the 
“New Constitution,” and immediately forward by mail, one copy of 



Constitution of the State of Tennessee 


3i 


said certificates to the governor, and one to the speaker of the senate. 
So soon as the poll books are deposited with the county court clerks, 
they shall certify to the president of the convention, an accurate state¬ 
ment of the number of votes cast for or against the “New Consti¬ 
tution,” as appears on said poll books. And, if any of said returning 
officers shall fail to make the returns herein provided for, within the 
time required, the governor shall be authorized to send special mes¬ 
sengers for the result of the vote in those counties whose officers have 
so failed to make returns. 

Sec. 4. Returns, who to compare; certificate of result; governor’s 
proclamation. —Upon the receipt of said returns, it shall be the duty 
of the governor, speaker of the senate, and the president of this con¬ 
vention, or any two of them, to compare the votes cast in said election; 
and if it shall appear that a majority of all the votes cast for and 
against the new constitution were for “New Constitution,” it shall be 
the duty of the governor, speaker of the senate, and president of this 
convention, or any two of them, to append to this constitution a cer¬ 
tificate of the result of the votes, from which time the constitution 
shall be established as the constitution of Tennessee, and the governor 
shall make proclamation of the result. 

Sec. 5. JVlien proclamation to be issued. —The governor of the 
state is required to issue his proclamation as to the election on the 
fourth Saturday in March, 1870, hereto provided for. 

JOHN C. BROWN, President. 

Attest: 

[L. S.] T. E. S. Russwurm, Secretary. 

CERTIFICATE TO CONSTITUTION OF 1870 

State of Tennessee 

In pursuance of the fourth ordinance of the late constitutional con¬ 
vention of the State of Tennessee, adopted on the twenty-third of 
February, one thousand eight hundred and seventy, in the city of 
Nashville, we, D. W. C. Senter, governor of said state; Dorsey B. 
Thomas, speaker of the senate, and John C. Brown, president of said 
convention, do hereby certify that we have carefully compared the 
votes cast for and against the new constitution in the election on the 
fourth Saturday of March, one thousand eight hundred and seventy, 
and we certify that the vote cast in the entire state, leaving out the 
counties of Knox, Grainger, Roane, and Overton (from which there 
are no official returns) was one hundred and thirty-two thousand. Of 
these, ninety-eight thousand one hundred and twenty-eight votes were 




32 


Constitution of the State of Tennessee 


for the new constitution, and thirty-three thousand eight hundred 
and seventy-two votes were for the old constitution, and that the 
majority for the new constitution is sixty-four thousand two hundred 
and fifty-six, and we certify accordingly the ratification of the new 
constitution. 

Done at the executive department, in the city of Nashville, this 
fifth day of May, A. D. one thousand eight hundred and seventy, and 
of the American independence the ninety-fourth. 

D. W. C. Senter, Governor. 

John C. Brown, President, etc. 

D. B. Thomas, Speaker of the Senate. 


PROCLAMATION AS TO CONSTITUTION OF 1870 

State of Tennessee, Executive Department, 

Nashville,. May 5, 1870. 

In pursuance of the fourth ordinance of the late constitutional 
convention, I have carefully examined the official returns of the elec¬ 
tion held on the twenty-sixth day of March last, for the ratification or 
rejection of the proposed constitution of the State of Tennessee (except 
the counties of Knox, Grainger, Roane and Overton, which returns 
have not been received), and find the number of votes cast for the 
“New Constitution” to be (98,128) ninety-eight thousand one hundred 
and twenty-eight, and for the “Old Constitution” (33,872) thirty- 
three thousand eight hundred and seventy-two, being a majority of 
(64,256) sixty-four thousand two hundred and fifty-six for the new 
constitution. 

Now, therefore, I, D. W. C. Senter, governor of the State of Ten¬ 
nessee, by virtue of the power and authority in me vested, do hereby 
declare and proclaim that the new constitution, as submitted to the 
people, was ratified by them at the ballot box, on the twenty-sixth 
day of March last, by said majority of (64,256) sixtv-four thousand 
two hundred and fifty-six votes. 

In testimony whereof, I have hereunto subscribed my official signa¬ 
ture, and ordered the great seal of the state to be affixed. 

Done at the department in the city of Nashville, this fifth day of 
May, in the year of our Lord, one thousand eight hundred and seventy, 
and of the American independence the ninety-fourth. 


By the Governor: 

[L. S.] A. J. Fletcher, 

Secretary of State. 


D. W. C. SENTER. 









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